State Taxation and Mental Health Acts Amendment Act 2021 (Vic)
State Taxation and Mental Health Acts Amendment Act 2021
No. 22 of 2021
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Duties Act 2000
3Definitions
4New section 3I inserted
5What is the consideration for the transfer of dutiable property?
6General rate
7Provisions for determining consideration
8New section 55A inserted
9New section 57FC inserted
10New clause 58 of Schedule 2 inserted
Part 3—Amendment of First Home Owner Grant Act 2000
Division 1—Home buyer schemes
11Title of Act
12Purpose
13New Part 2A inserted
14Authorised investigations
15Search warrant
16Self-incrimination
17Protection of confidential information
Division 2—Consequential amendments to other Acts
18Building Act 1993
19Duties Act 2000
20Land Tax Act 2005
21Payroll Tax Act 2007
22Taxation Administration Act 1997
23Unclaimed Money Act 2008
24Victorian Civil and Administrative Tribunal Act 1998
Part 4—Amendment of Land Tax Act 2005
25Definitions
26New section 3F inserted
27New section 18B inserted
28Land tax for discretionary trust with nominated beneficiary
29New section 88E inserted
30Land tax for 2009 to 2021
31New clause 1.5 of Schedule 1 inserted
32Land tax for trusts for 2009 to 2021
33New clause 3.5 of Schedule 1 inserted
34Rate of land tax on land held by absentee owners for 2020 and 2021
35New clause 4.4 of Schedule 1 inserted
36Rate of land tax on land held by owner subject to an absentee trust for 2020 and 2021
37New clause 5.4 of Schedule 1 inserted
Part 5—Amendment of Mental Health Act 2014
38New section 365A inserted
Part 6—Amendment of Payroll Tax Act 2007
Division 1—Bushfire relief regional employers
39Definitions for the purposes of Schedule 1
40Payroll of group over threshold where section 87(2) approval in force—employers covered by joint return are all of the same type
41Payroll of group over threshold where section 87(2) approval in force—employers covered by joint return are not all of the same type
42Monthly payroll tax payable where section 87(2) approval in force—employers covered by joint return are all of the same type
43Monthly payroll tax payable where section 87(2) approval in force—employers covered by joint return are not all of the same type
Division 2—Payroll tax threshold amounts
44Registration
45Definition of TA or threshold amount
46Definition of base deductible amount
Division 3—Regional rate deduction
47Definition of R
48Definitions of Pbrre and Pre
49Rate of payroll tax
50Payroll of group over threshold where section 87(2) approval in force—employers covered by joint return are all of the same type
51Monthly payroll tax payable where section 87(2) approval in force—employers covered by joint return are all of the same type
52Monthly payroll tax payable where section 87(2) approval in force—employers covered by joint return are not all of the same type
Division 4—Mental health and wellbeing surcharge
53Definitions
54New clause 1A of Schedule 1 inserted
55Definition of C
56Payroll of employer over threshold
57Definitions
58Payroll of group over threshold where section 87(2) approval in force—employers covered by joint return are all of same type
59Payroll of group over threshold where section 87(2) approval in force—employers covered by joint return are not all of the same type
60Payroll of group over threshold—where no section 87(2) approval in force
61Calculation of payroll tax
62New Division 1AA of Schedule 2 substituted
63Amount of payroll tax to be paid each month
64Deductible amount for employer who pays interstate wages
65Monthly payroll tax payable where section 87(2) approval in force—employers covered by joint return are all of same type
66Monthly payroll tax payable where section 87(2) approval in force—employers covered by joint return are not all of the same type
67Monthly payroll tax payable where no section 87(2) approval in force
68Amount of payroll tax to be paid each month
69New clause 21 of Schedule 3 inserted
Part 7—Repeal of this Act
70Repeal of this Act
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Endnotes
1 General information
State Taxation and Mental Health Acts Amendment Act 2021
No. 22 of 2021
[Assented to 16 June 2021]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Duties Act 2000—
(i)to widen the off-the-plan concession; and
(ii)to increase the rate of duty on the transfer of high-value properties; and
(iii)to provide temporary exemptions and concessions for the transfer of new homes in the City of Melbourne; and
(iv)to make other miscellaneous amendments to that Act; and
(b)to amend the First Home Owner Grant Act 2000—
(i)to change the title of that Act; and
(ii)to authorise the Commissioner of State Revenue to administer certain schemes under which the State contributes to the purchase of homes; and
(c)to amend the Land Tax Act 2005—
(i)in relation to partnership property; and
(ii)in relation to land tax thresholds; and
(iii)in relation to land tax rates; and
(iv)to make other miscellaneous amendments to that Act; and
(d)to amend the Mental Health Act 2014 to provide for the proceeds of the mental health and wellbeing surcharge to be used for the provision of mental health outputs; and
(e)to amend the Payroll Tax Act 2007 in relation to—
(i)the payroll tax thresholds; and
(ii)the payroll tax rate for certain groups of employers; and
(iii)the introduction of the mental health and wellbeing surcharge; and
(f)to make consequential amendments to other Acts.
2Commencement
(1)This Act (other than Part 5 and Divisions 1 and 4 of Part 6) comes into operation on 1 July 2021.
(2)Division 1 of Part 6 is taken to have come into operation on 1 July 2019.
(3)Part 5 and Division 4 of Part 6 come into operation on 1 January 2022.
Part 2—Amendment of Duties Act 2000
3Definitions
In section 3(1) of the Duties Act 2000 insert the following definitions—
"home has the meaning given by section 4 of the First Home Owner Grant and Home Buyer Schemes Act 2000;
home buyer scheme has the meaning given by section 34A of the First Home Owner Grant and Home Buyer Schemes Act 2000;
shared equity arrangement means an arrangement, including an arrangement made under a home buyer scheme, under which the State contributes to the purchase of a home, or land on which a home will be affixed, and takes an equitable interest in the land to which the home is or will be affixed;".
4New section 3I inserted
After section 3H of the Duties Act 2000 insert—
3IPurchasers of dutiable property under a shared equity arrangement"
For the purpose of assessing duty chargeable under this Chapter, including the application of any exemptions or concessions, on a transfer of land to a person who purchases the land under a shared equity arrangement, no account is to be taken of any beneficial ownership the State has in the land.".
5What is the consideration for the transfer of dutiable property?
After section 21(2) of the Duties Act 2000 insert—
"(2A)Despite subsection (2) but subject to subsection (2B), the consideration for a transfer of dutiable property is also to be adjusted under subsection (3) or (4) if—
(a)the adjustment would result in the consideration being not more than $1 000 000; and
(b)the transfer meets all the requirements to receive a concessional rate of duty under section 57J other than the requirement that the dutiable value of the dutiable property is not more than $550 000; and
(c)the contract for purchase of the dutiable property is entered into on or after 1 July 2021 but before 1 July 2023.
(2B)Subsection (2A) does not apply if the Commissioner determines that the contract for purchase of the dutiable property replaces a previous contract for the purchase of the same property entered into before 1 July 2021.".
6General rate
In the table in section 28(1) of the Duties Act 2000, for—
"More than $960 000 5×5% of the dutiable value" substitute—
"More than $960 000 but
not more than $2 000 0005×5% of the dutiable value More than $2 000 000 $110 000 plus 6×5% of that part of the dutiable value that exceeds $2 000 000". 7Provisions for determining consideration
After section 32V(2A) of the Duties Act 2000 insert—
"(2B)Despite subsection (2A) but subject to subsection (2C), the consideration for a transaction under this Part is also to be adjusted under subsection (3) or (4) if—
(a)the adjustment would result in the consideration being not more than $1 000 000; and
(b)the transfer meets all the requirements to receive a concessional rate of duty under section 57J other than the requirement that the dutiable value of the dutiable property is not more than $550 000; and
(c)the contract for purchase of the dutiable property is entered into on or after 1 July 2021 but before 1 July 2023.
(2C)Subsection (2B) does not apply if the Commissioner determines that the contract for purchase of the dutiable property replaces a previous contract for the purchase of the same property entered into before 1 July 2021.".
8New section 55A inserted
After section 55 of the Duties Act 2000 insert—
"55A Shared equity arrangements
No duty is chargeable under this Chapter in respect of a change in beneficial ownership resulting from an owner of land purchased under a shared equity arrangement paying money to the State under the arrangement.".
9New section 57FC inserted
After section 57FB of the Duties Act 2000 insert—
"57FC Exemption or concession for new homes in City of Melbourne
(1)Subject to subsections (3) and (4), no duty is chargeable under this Chapter on a transfer of eligible property if—
(a)the transferee, or each transferee if there are more than one, is a bona fide purchaser of the eligible property for adequate consideration; and
(b)an occupancy permit for the new home affixed to the eligible property was issued at least 12 months before the date of the contract for the purchase of the eligible property; and
(c)the contract for the purchase of the eligible property was entered into on or after 21 May 2021 but before 1 July 2022.
(2)Subject to subsections (1), (3) and (4), the duty otherwise chargeable under this Chapter on a transfer of eligible property is to be reduced by 50% if—
(a)the transferee, or each transferee if there are more than one, is a bona fide purchaser of the eligible property for adequate consideration; and
(b)the contract for the purchase of the eligible property was entered into on or after 1 July 2021 but before 1 July 2022.
(3)Subsection (1) or (2) does not apply if the Commissioner determines that the contract for purchase of the eligible property replaces a previous contract for the purchase of the same eligible property entered into before—
(a)21 May 2021 in the case of a contract referred to in subsection (1); or
(b)1 July 2021 in the case of a contract referred to in subsection (2).
(4)No account is to be taken of this section—
(a)in determining, for the purposes of section 59(6) or 60(3), the amount of duty paid or payable (but for Division 5) on a transfer to which either of those sections applies; or
(b)in determining any duty chargeable under section 28A(2) on a transfer to a foreign purchaser of a land-related interest in residential property.
(5)Despite section 89D or 89E, nothing in this section applies for the purposes of determining any duty payable under Part 2 of Chapter 3.
(6)If the transfer is of a partial interest in dutiable property, the dutiable value of the dutiable property for the purpose of determining if it is eligible property is the unencumbered value of the whole of the dutiable property at the time of the transfer.
(7)In this section—
City of Melbourne has the meaning given by section 3 of the City of Melbourne Act 2001;
eligible property means dutiable property referred to in section 10(1)(a) or (ab) that—
(a)is residential property wholly within the City of Melbourne to which a new home is affixed; and
(b)subject to subsection (6), has a dutiable value of no more than $1 000 000;
new home has the meaning given by section 3 of the First Home Owner Grant and Home Buyer Schemes Act2000;
occupancy permit has the same meaning as in the Building Act 1993.".
10New clause 58 of Schedule 2 inserted
After clause 57 of Schedule 2 to the Duties Act 2000 insert—
"58 State Taxation and Mental Health Acts Amendment Act 2021—general rate of duty
Section 28(1), as in force immediately before the commencement of section 6 of the State Taxation and Mental Health Acts Amendment Act 2021, continues to apply in respect of a dutiable transaction or an acquisition of an interest in a landholder that occurs on or after that commencement under an agreement or arrangement entered into before that commencement.".
Part 3—Amendment of First Home Owner Grant Act 2000
Division 1—Home buyer schemes
11Title of Act
In the title to the First Home Owner Grant Act 2000, after "Grant" insert "and Home Buyer Schemes".
12Purpose
In section 1 of the First Home Owner Grant Act 2000, for "by establishing a scheme for the payment of grants to first home owners." substitute—
"by—
(a)establishing a scheme for the payment of grants to first home owners; and
(b)authorising the Commissioner of State Revenue to administer schemes under which the State contributes to the purchase of a home or vacant land on which a home is to be constructed.".
13New Part 2A inserted
After Part 2 of the First Home Owner Grant Act 2000 insert—
"Part 2A—Home buyer schemes
34ADefinition
In this Part—
home buyer scheme means a scheme declared by the Treasurer under section 34B to be a home buyer scheme for the purposes of this Part.
34BDeclaration of home buyer scheme
(1)The Treasurer, by notice published in the Government Gazette, may declare a scheme to be a home buyer scheme for the purposes of this Part.
(2)A scheme that is declared under subsection (1) to be a home buyer scheme must be a scheme under which—
(a)a person who is acquiring a home or vacant land on which a home is to be constructed may enter into an agreement with the State; and
(b)in accordance with the terms of the agreement, the State contributes to the acquisition of the home or land; and
(c)the State takes an interest in the home or land or in the sale proceeds of the home or land.
(3)A declaration under subsection (1) may specify matters in relation to the scope and administration of the home buyer scheme, including the following—
(a)eligibility requirements for participants in the scheme;
(b)matters relating to type of home or vacant land that may be purchased under the scheme;
(c)terms of agreements entered into under the scheme;
(d)the enforcement of agreements entered into under the scheme;
(e)record keeping requirements;
(f)evidentiary requirements;
(g)conditions of agreements entered into with third parties for the purposes of the administration of the scheme;
(h)any other relevant matter.
34CSchemes in operation before commencement of Part
(1)For the avoidance of doubt, the Treasurer may make a declaration under section 34B in respect of a scheme that is in operation before the date of commencement of this Part.
(2)A declaration referred to in subsection (1) may specify matters in relation to any of the following—
(a)the transfer or assignment of any benefits, duties, interests, rights or obligations of a party to a contract, memorandum of understanding, deed or any other agreement or arrangement entered into under the existing scheme;
(b)the date on which a transfer or assignment is to take effect.
(3)If, under a declaration, the benefits, duties, interests, rights or obligations of a party to an agreement or arrangement (the transferor party) are transferred or assigned to a new party (the transferee party)—
(a)the transferee party becomes, on the transfer date, a party to the agreement or arrangement in place of the transferor party; and
(b)on and after the transfer date, the agreement or arrangement has effect as if the transferee party had always been a party to the agreement or arrangement.
34DCommissioner to administer home buyer schemes
(1)The Commissioner must administer a home buyer scheme on behalf of the State and may do all things necessary or convenient to be done in connection with the performance of that function.
(2)Without limiting subsection (1), the Commissioner may do any of the following on behalf of the State—
. (a) receive applications to participate in a home buyer scheme;
. (b) assess eligibility of home buyer scheme applicants;
. (c) determine applications to participate in a home buyer scheme;
(d)enter into any contract, memorandum of understanding, deed or any other agreement or arrangement for the purposes of administering a home buyer scheme.
34EAdministration agreement
(1)The Commissioner may enter into an agreement (an administration agreement) with a financial institution or other person for carrying out functions related to the administration of a home buyer scheme.
(2)An administration agreement must include—
(a)any conditions specified in a declaration made under section 34B; and
(b)any conditions prescribed by the regulations.
34FCollection of information
(1)The Commissioner may collect information and documents for the purposes of the administration of a home buyer scheme.
(2)Without limiting subsection (1), the Commissioner may obtain information from any of the following—
(a)any person who applies to participate, or who is a participant, in a home buyer scheme;
(b)financial institutions.
34GDisclosure of information
(1)The Commissioner may disclose information and documents obtained under this Part for the purposes of the administration of a home buyer scheme.
(2)Without limiting subsection (1), the Commissioner may disclose information to financial institutions.
34HDivision 2 of Part 3 does not apply
Division 2 of Part 3 does not apply to this Part.".
14Authorised investigations
In section 39 of the First Home Owner Grant Act 2000—
(a)in paragraph (b), after "corresponding law" insert "in relation to a first home owner grant";
(b)in paragraph (e), after "this Act" insert "(other than Part 2A)".
15Search warrant
In section 43(1) and (2) of the First Home Owner Grant Act 2000, after "this Act" insert "(other than Part 2A)".
16Self-incrimination
In section 46(1) of the First Home Owner Grant Act 2000, after "this Act" insert "(other than Part 2A)".
17Protection of confidential information
In section 50(1) of the First Home Owner Grant Act 2000—
(a)insert the following definition—
"home buyer scheme has the meaning given by section 34A;";
(b)for the definition of protected information substitute—
"protected information means information obtained under or in relation to the administration of this Act about—
(a)an applicant for a first home owner grant or an applicant's partner; or
(b)a person in connection with a home buyer scheme.".
Division 2—Consequential amendments to other Acts
18Building Act 1993
In section 3(1) of the Building Act 1993, in the definition of regional Victoria, for "First Home Owner Grant Act 2000" substitute "First Home Owner Grant and Home Buyer Schemes Act 2000".
19Duties Act 2000
(1)In sections 57JB(1), 60A(1), (2) and (3) and 63B(1), (2) and (3) of the Duties Act 2000, for "First Home Owner Grant Act 2000" (wherever occurring) substitute "First Home Owner Grant and Home Buyer Schemes Act 2000".
(2)In section 64A of the Duties Act 2000, in the definition of regional Victoria, for "First Home Owner Grant Act 2000" substitute "First Home Owner Grant and Home Buyer Schemes Act 2000".
20Land Tax Act 2005
In section 54(5) of the Land Tax Act 2005, in the definition of regional Victoria, for "First Home Owner Grant Act 2000" substitute "First Home Owner Grant and Home Buyer Schemes Act 2000".
21Payroll Tax Act 2007
In section 3(1) of the Payroll Tax Act 2007, in the definition of regional Victoria, for "First Home Owner Grant Act 2000" substitute "First Home Owner Grant and Home Buyer Schemes Act 2000".
22Taxation Administration Act 1997
In section 92(1)(b)(ii) of the Taxation Administration Act 1997, for "First Home Owner Grant Act 2000" substitute "First Home Owner Grant and Home Buyer Schemes Act 2000".
23Unclaimed Money Act 2008
In section 77(1)(d) of the Unclaimed Money Act2008, for "First Home Owner Grant Act 2000" substitute "First Home Owner Grant and Home Buyer Schemes Act 2000".
24Victorian Civil and Administrative Tribunal Act 1998
In clause 2 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, in the definition of taxing Act, for "First Home Owner Grant Act 2000" substitute "First Home Owner Grant and Home Buyer Schemes Act 2000".
Part 4—Amendment of Land Tax Act 2005
25Definitions
In section 3(1) of the Land Tax Act 2005, in the definition of discretionary trust, after "excluded trust" insert "or unit trust scheme".
26New section 3F inserted
After section 3E of the Land Tax Act 2005 insert—
"3F Partners taken to have beneficial interest in individual partnership property
(1)For the purposes of this Act, a partner in a partnership is taken to have a beneficial interest in each item of partnership property in the same proportion as the partner's partnership interest.
(2)Without limiting subsection (1), if the partnership property of a partnership (first partnership) includes an interest in another partnership, whether directly or indirectly through one or more other partnerships, a partner in the first partnership is also taken to have a beneficial interest in each item of the partnership property of each other partnership—
(a)to the extent of the direct or indirect interest in the other partnership; and
(b)in the same proportion as the partner's partnership interest in the first partnership.
(3)The value of the partner's beneficial interest in an item of partnership property must be determined without regard to any liabilities of the partnership.
Example
A partnership consists of 4 partners each of whom has contributed equally to the capital of the partnership and would be entitled to a 25% share of any surplus on dissolution of the partnership in respect of capital. The sole partnership property is land with an unencumbered value of $4 million. The registered proprietor of the land is a person who holds the land as custodian for the benefit of the partnership. The liabilities of the partnership are $3 million. Under this section, each partner is taken to have a 25% beneficial interest in the land without regard to any liabilities of the partnership.
(4)In this section—
partnership interest, of a partner, means the proportion of any surplus to which the partner would be entitled in respect of capital if the partnership were to be dissolved;
partnership property has the same meaning as in section 24(1) of the Partnership Act 1958.".
27New section 18B inserted
After section 18A of the Land Tax Act 2005 insert—
"18B Owners of land under shared equity arrangements
(1)For the purpose of assessing land tax, including the application of any exemptions or concessions, on land purchased under a shared equity arrangement, no account is to be taken of any interest the State has in the land.
(2)In this section—
home has the meaning given by section 4 of the First Home Owner Grant and Home Buyer Schemes Act 2000;
home buyer scheme has the meaning given by section 34A of the First Home Owner Grant and Home Buyer Schemes Act 2000;
shared equity arrangement means an arrangement, including an arrangement made under a home buyer scheme, under which the State contributes to the purchase of a home, or land on which a home will be affixed, and takes an equitable interest in the land to which the home is or will be affixed.".
28Land tax for discretionary trust with nominated beneficiary
(1)In section 46G(2) of the Land Tax Act 2005, for "to be the owner of the pre-2006 land subject to the trust (but not to the exclusion of the trustee)" substitute "to be the owner (but not to the exclusion of the trustee) of the pre-2006 land subject to the trust, other than land for which a nomination under section 46H is in force,".
(2)In section 46G(3)(a) and (b) of the Land Tax Act 2005, for "land" substitute "land, other than land for which a nomination under section 46H is in force".
(3)In the formula in section 46G(4) of the Land Tax Act 2005, for—
"T is the total taxable value of all taxable land subject to the trust;
Ais the total taxable value of the pre‑2006 land subject to the trust;
Bis the total taxable value of the post‑2006 land subject to the trust."
substitute—
"T is the total taxable value of all taxable land subject to the trust, other than land for which a nomination under section 46H is in force;
Ais the total taxable value of the pre‑2006 land subject to the trust, other than land for which a nomination under section 46H is in force;
Bis the total taxable value of the post‑2006 land subject to the trust, other than land for which a nomination under section 46H is in force.".
29New section 88E inserted
After section 88D of the Land Tax Act 2005 insert—
"88E Land becomes residential land during first year of 2 years preceding tax year and has not been used or occupied or changed ownership
Land is exempt from vacant residential land tax for a tax year if—
(a)at the commencement of the second year preceding the tax year the land was not residential land within the meaning of section 34B(1); and
(b)during the second year preceding the tax year the land becomes residential land within the meaning of section 34B(1); and
(c)for the period from which the land becomes residential land within the meaning of section 34B(1) up to the tax year—
(i)the land has not been used or occupied; and
(ii)the land has not changed in ownership.".
30Land tax for 2009 to 2021
(1)In the heading to clause 1.4 of Schedule 1 to the Land Tax Act 2005, for "2009 and subsequent years" substitute "2009 to 2021".
(2)In clause 1.4 of Schedule 1 to the Land Tax Act 2005, for "2009 and each subsequent year" substitute "each of the years from 2009 to 2021".
31New clause 1.5 of Schedule 1 inserted
In Schedule 1 to the Land Tax Act 2005, after clause 1.4 insert—
"1.5 Land tax for 2022 and subsequent years
The rate of land tax for 2022 and each subsequent year is set out in Table 1.5.
Table 1.5
ItemColumn 1
Taxable value not less thanColumn 2
Taxable value less than
Column 3
Rate of land tax$ $ 1 0 300 000 Nil 2 300 000 600 000 $375 and 0×2% of the taxable value that exceeds $300 000 3 600 000 1 000 000 $975 and 0×5% of the taxable value that exceeds $600 000 4 1 000 000 1 800 000 $2975 and 0×8% of the taxable value that exceeds $1 000 000 5 1 800 000 3 000 000 $9375 and 1×55% of the taxable value that exceeds $1 800 000 6 3 000 000 $27 975 and 2×55% of the taxable value that exceeds $3 000 000 ".
32Land tax for trusts for 2009 to 2021
(1)In the heading to clause 3.4 of Schedule 1 to the Land Tax Act 2005, for "2009 and subsequent years" substitute "2009 to 2021".
(2)In clause 3.4 of Schedule 1 to the Land Tax Act 2005, for "2009 and each subsequent year" substitute "each of the years from 2009 to 2021".
33New clause 3.5 of Schedule 1 inserted
In Schedule 1 to the Land Tax Act 2005, after clause 3.4 insert—
"3.5 Land tax for trusts for 2022 and subsequent years
The rate of land tax for 2022 and each subsequent year for land held by an owner subject to a trust is set out in Table 3.5.
Table 3.5
ItemColumn 1
Taxable value not less thanColumn 2
Taxable value less than
Column 3
Rate of land tax$ $ 1 0 25 000 Nil 2 25 000 250 000 $82 and 0×375% of the taxable value that exceeds $25 000 3 250 000 600 000 $926 and 0×575% of the taxable value that exceeds $250 000 4 600 000 1 000 000 $2938 and 0×875% of the taxable value that exceeds $600 000 5 1 000 000 1 800 000 $6438 and 1×175% of the taxable value that exceeds $1 000 000 6 1 800 000 3 000 000 $15 838 and 1×0114% of the taxable value that exceeds $1 800 000 7 3 000 000 $27 975 and 2×55% of the taxable value that exceeds $3 000 000 ".
34Rate of land tax on land held by absentee owners for 2020 and 2021
(1)In the heading to clause 4.3 of Schedule 1 to the Land Tax Act 2005, for "2020 and subsequent years" substitute "2020 and 2021".
(2)In clause 4.3 of Schedule 1 to the Land Tax Act 2005, for "2020 and each subsequent year" substitute "2020 and 2021".
35New clause 4.4 of Schedule 1 inserted
In Schedule 1 to the Land Tax Act 2005, after clause 4.3 insert—
"4.4 Rate of land tax on land held by absentee owners for 2022 and subsequent years
The rate of land tax on land held by an absentee owner for 2022 and each subsequent year is set out in Table 4.4.
Table 4.4
ItemColumn 1
Taxable value not less than
Column 2
Taxable value less than
Column 3
Rate of land tax$ $ 1 0 300 000 Nil 2 300 000 600 000 $6375 and 2×2% of the taxable value that exceeds $300 000 3 600 000 1 000 000 $12 975 and 2×5% of the taxable value that exceeds $600 000 4 1 000 000 1 800 000 $22 975 and 2×8% of the taxable value that exceeds $1 000 000 5 1 800 000 3 000 000 $45 375 and 3×55% of the taxable value that exceeds $1 800 000 6 3 000 000 $87 975 and 4×55% of the taxable value that exceeds $3 000 000 ".
36Rate of land tax on land held by owner subject to an absentee trust for 2020 and 2021
(1)In the heading to clause 5.3 of Schedule 1 to the Land Tax Act 2005, for "2020 and subsequent years" substitute "2020 and 2021".
(2)In clause 5.3 of Schedule 1 to the Land Tax Act 2005, for "2020 and each subsequent year" substitute "2020 and 2021".
37New clause 5.4 of Schedule 1 inserted
In Schedule 1 to the Land Tax Act 2005, after clause 5.3 insert—
"5.4 Rate of land tax on land held by owner subject to an absentee trust for 2022 and subsequent years
The rate of land tax for land held by an owner subject to an absentee trust for 2022 and each subsequent year is set out in Table 5.4.
Table 5.4
ItemColumn 1
Taxable value not less than
Column 2
Taxable value less than
Column 3
Rate of land tax$ $ 1 0 25 000 Nil 2 25 000 250 000 $582 and 2×375% of the taxable value that exceeds $25 000 3 250 000 600 000 $5926 and 2×575% of the taxable value that exceeds $250 000 4 600 000 1 000 000 $14 938 and 2×875% of the taxable value that exceeds $600 000
5 1 000 000 1 800 000 $26 438 and 3×175% of the taxable value that exceeds $1 000 000 6 1 800 000 3 000 000 $51 838 and 3×0114% of the taxable value that exceeds $1 800 000 7 3 000 000 $87 975 and 4×55% of the taxable value that exceeds $3 000 000 ".
Part 5—Amendment of Mental Health Act 2014
38New section 365A inserted
After section 365 of the Mental Health Act 2014 insert—
"365A Mental health and wellbeing surcharge—appropriation of Consolidated Fund
(1)The Consolidated Fund is appropriated to the extent necessary to enable amounts equal to the amounts credited to the Consolidated Fund as the mental health and wellbeing surcharge to be spent on the provision of outputs that are consistent with and promote the objectives of this Act and the mental health principles.
(2)In this section—
mental health and wellbeing surcharge has the meaning given by clause 1 of Schedule 1 to the Payroll Tax Act 2007;
outputs has the meaning given by section 3 of the Financial Management Act 1994.".
Part 6—Amendment of Payroll Tax Act 2007
Division 1—Bushfire relief regional employers
39Definitions for the purposes of Schedule 1
In clause 7 of Schedule 1 to the Payroll Tax Act 2007—
(a)insert the following definitions—
"Pbrre is—
(a)for a financial year commencing on 1 July 2019, 1 July 2020 or 1 July 2021—that part of JTW that is attributable to all bushfire relief regional employers; or
(b)for any other financial year—zero;
Rbrreis the percentage specified in the definition of R that relates to a bushfire relief regional employer;";
(b)for the definition of Pre substitute—
"Pre is—
(a)for a financial year commencing on 1 July 2019, 1 July 2020 or 1 July 2021—that part of JTW that is attributable to all regional employers, other than bushfire relief regional employers; or
(b)for any other financial year—that part of JTW that is attributable to all regional employers;";
(c)for the definition of Re substitute—
"Re is the percentage specified in the definition of R that applies to an employer who is not a regional employer;";
(d)for the definition of Rre substitute—
"Rre is the percentage specified in the definition of R that applies to a regional employer;".
40Payroll of group over threshold where section 87(2) approval in force—employers covered by joint return are all of the same type
(1)In the heading to clause 9 of Schedule 1 to the Payroll Tax Act 2007, for "either all regional employers or not" substitute "all of the same type".
(2)For clause 9(1) of Schedule 1 to the Payroll Tax Act 2007 substitute—
"(1)This clause applies if an approval is in force under section 87(2) for a designated group employer to lodge a joint return and the members of the group covered by the return are—
(a)for a financial year commencing on 1 July 2019, 1 July 2020 or 1 July 2021—
(i)all regional employers other than bushfire relief regional employers; or
(ii)all employers who are not regional employers; or
(iii)all bushfire relief regional employers; or
(b)for any other financial year—
(i)all regional employers; or
(ii)all employers who are not regional employers.".
41Payroll of group over threshold where section 87(2) approval in force—employers covered by joint return are not all of the same type
(1)In the heading to clause 9A of Schedule 1 to the Payroll Tax Act 2007, for "at least one but not all are regional employers" substitute "employers covered by joint return are not all of the same type".
(2)For clause 9A(1)(b) of Schedule 1 to the Payroll Tax Act 2007 substitute—
"(b)the members of the group covered by the return are not all of the same type of employer.".
(3)For the formula in clause 9A(3) of Schedule 1 to the Payroll Tax Act 2007 substitute—
" ".
42Monthly payroll tax payable where section 87(2) approval in force—employers covered by joint return are all of the same type
(1)For the heading to clause 8 of Schedule 2 to the Payroll Tax Act 2007, for "either all regional employers or not" substitute "all of the same type".
(2)For clause 8(1) of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(1)This clause applies if an approval is in force under section 87(2) for a designated group employer to lodge a joint return and the members of the group covered by the return are—
(a)for wages paid or payable on or after 1 July 2019 and before 1 July 2022—
(i)all regional employers other than bushfire relief regional employers; or
(ii)all employers who are not regional employers; or
(iii)all bushfire relief regional employers; or
(b)for wages paid or payable in any other financial year—
(i)all regional employers; or
(ii)all employers who are not regional employers.".
43Monthly payroll tax payable where section 87(2) approval in force—employers covered by joint return are not all of the same type
(1)In the heading to clause 8A of Schedule 2 to the Payroll Tax Act 2007, for "where at least one but not all are regional employers" substitute "are not all of the same type".
(2)For clause 8A(1)(b) of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(b)the members of the group covered by the return are not all of the same type of employer.".
(3)For clause 8A(2) of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(2)The designated group employer must pay an amount (in dollars) of payroll tax, calculated in accordance with the following formula, on taxable wages paid or payable in a month by the employers covered by the return—
where—
Dis the deductible amount referred to in clause 9 or 10 (as the case requires);
JTWrepresents the total taxable wages paid or payable during the month by the employers covered by the return (as members of the group);
Pbrre is—
(a)for wages paid or payable on or after 1 July 2019 and before 1 July 2022—that part of JTW that is attributable to all bushfire relief regional employers; or
(b)for wages paid or payable in any other financial year—zero;
Pe is that part of JTW that is attributable to all employers who are not regional employers;
Pre is—
(a)for wages paid or payable on or after 1 July 2019 and before 1 July 2022—that part of JTW that is attributable to all regional employers, other than bushfire relief regional employers; or
(b)for wages paid or payable in any other financial year—that part of JTW that is attributable to all regional employers;
Rbrre is the rate of tax referred to in clause 2 that applies to an employer who is a bushfire relief regional employer;
Re is the rate of tax referred to in clause 2 that applies to an employer who is not a regional employer;
Rre is the rate of tax referred to in clause 2 that applies to a regional employer.".
Division 2—Payroll tax threshold amounts
44Registration
For section 86(6)(d) and (e) of the Payroll Tax Act 2007 substitute—
"(d)for the financial year commencing on 1 July 2021 and each subsequent financial year—$13 461 per week.".
45Definition of TA or threshold amount
In clause 1 of Schedule 1 to the Payroll Tax Act 2007, for paragraphs (e) and (f) of the definition of TA or threshold amount substitute—
"(e)for the financial year commencing on 1 July 2021 and each subsequent financial year—$700 000.".
46Definition of base deductible amount
In clause 1A of Schedule 2 to the Payroll Tax Act 2007, for paragraphs (d) and (e) of the definition of base deductible amount substitute—
"(e)for a month in the financial year commencing on 1 July 2021 and each subsequent financial year—$58 333.".
Division 3—Regional rate deduction
47Definition of R
In clause 1 of Schedule 1 to the Payroll Tax Act 2007, for paragraphs (h) and (i) of the definition of R substitute—
"(h)for the financial year commencing on 1 July 2021—
(i)1×2125% in the case of a regional employer; and
(ii)4×85% in any other case.".
48Definitions of Pbrre and Pre
In clause 7 of Schedule 1 to the Payroll Tax Act 2007—
(a)in paragraph (a) of the definition of Pbrre, for "1 July 2019, 1 July 2020 or 1 July 2021" substitute "1 July 2019 or 1 July 2020";
(b)in paragraph (a) of the definition of Pre, for "1 July 2019, 1 July 2020 or 1 July 2021" substitute "1 July 2019 or 1 July 2020".
49Rate of payroll tax
For paragraphs (h) and (i) of clause 2 of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(h)for wages paid or payable on or after 1 July 2021—
(i)1×2125% in the case of a regional employer; and
(ii)4×85% in any other case.".
50Payroll of group over threshold where section 87(2) approval in force—employers covered by joint return are all of the same type
In clause 9(1)(a) of Schedule 1 to the Payroll Tax Act 2007, for "1 July 2019, 1 July 2020 or 1 July 2021" substitute "1 July 2019 or 1 July 2020".
51Monthly payroll tax payable where section 87(2) approval in force—employers covered by joint return are all of the same type
In clause 8(1)(a) of Schedule 2 to the Payroll Tax Act 2007, for "1 July 2022" substitute "1 July 2021".
52Monthly payroll tax payable where section 87(2) approval in force—employers covered by joint return are not all of the same type
In the formula in clause 8A(2) of Schedule 2 to the Payroll Tax Act 2007—
(a)in paragraph (a) of the variable Pbrre , for "1 July 2022" substitute "1 July 2021";
(b)in paragraph (a) of the variable Pre , for "1 July 2022" substitute "1 July 2021".
Division 4—Mental health and wellbeing surcharge
53Definitions
In clause 1 of Schedule 1 to the Payroll Tax Act 2007 insert the following definitions—
"C is the number of days in the relevant financial year in respect of which—
(a)in the case of an employer, the employer paid or was liable to pay taxable wages or interstate wages (otherwise than as a member of a group); or
(b)in the case of a group of employers, at least one member of the group paid or was liable to pay (as a member of the group) taxable wages or interstate wages;
GIW represents the total interstate wages paid or payable by the group concerned during the relevant financial year;
GTW represents the total taxable wages paid or payable by the group concerned during the relevant financial year;
mental health and wellbeing surcharge means an additional amount of payroll tax calculated in accordance with this Schedule, being the amount represented in a formula by the variable S;".
54New clause 1A of Schedule 1 inserted
After clause 1 of Schedule 1 to the Payroll Tax Act 2007 insert—
"1A Determination of surcharge threshold amount for employer or group of employers
(1)For the purposes of this Schedule, the first surcharge threshold amount or STA1 for an employer or a group of employers is the amount calculated in accordance with the following formula—
(2)For the purposes of this Schedule, the second surcharge threshold amount or STA2 for an employer or a group of employers is the amount calculated in accordance with the following formula—
".
55Definition of C
In clause 3 of Schedule 1 to the Payroll Tax Act 2007 omit the definition of C.
56Payroll of employer over threshold
For the formula in clause 5 of Schedule 1 to the Payroll Tax Act 2007 substitute—
"
where S is—
(a)if the total taxable wages and interstate wages paid or payable by the employer (otherwise than as a member of a group) during the relevant financial year is not more than the first surcharge threshold amount—zero; or
(b)if the total taxable wages and interstate wages paid or payable by the employer (otherwise than as a member of a group) during the relevant financial year is more than the first surcharge threshold amount but not more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
; or
(c)if the total taxable wages and interstate wages paid or payable by the employer (otherwise than as a member of a group) during the relevant financial year is more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
".
57Definitions
In clause 7 of Schedule 1 to the Payroll Tax Act 2007 omit the definitions of C, GIW and GTW.
58Payroll of group over threshold where section 87(2) approval in force—employers covered by joint return are all of same type
(1)For the formula in clause 9(3) of Schedule 1 to the Payroll Tax Act 2007 substitute—
"
where S is—
(a)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is not more than the first surcharge threshold amount—zero; or
(b)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the first surcharge threshold amount but not more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
; or
(c)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
".
(2)For the formula in clause 9(4) of Schedule 1 to the Payroll Tax Act 2007 substitute—
"
where S is—
(a)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is not more than the first surcharge threshold amount—zero; or
(b)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the first surcharge threshold amount but not more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
; or
(c)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
.
59Payroll of group over threshold where section 87(2) approval in force—employers covered by joint return are not all of the same type
(1)For the formula in clause 9A(3) of Schedule 1 to the Payroll Tax Act 2007 substitute—
"
where S is—
(a)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is not more than the first surcharge threshold amount—zero; or
(b)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the first surcharge threshold amount but not more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
; or
(c)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
".
(2)For the formula in clause 9A(4) of Schedule 1 to the Payroll Tax Act 2007 substitute—
"
where S is—
(a)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is not more than the first surcharge threshold amount—zero; or
(b)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the first surcharge threshold amount but not more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
; or
(c)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
.
60Payroll of group over threshold—where no section 87(2) approval in force
(1)For the formula in clause 9B(3) of Schedule 1 to the Payroll Tax Act 2007 substitute—
"
where S is—
(a)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is not more than the first surcharge threshold amount—zero; or
(b)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the first surcharge threshold amount but not more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
; or
(c)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
".
(2)For the formula in clause 9B(4) of Schedule 1 to the Payroll Tax Act 2007 substitute—
"
where S is—
(a)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is not more than the first surcharge threshold amount for that member—zero; or
(b)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the first surcharge threshold amount but not more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
(c)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
61Calculation of payroll tax
For the formula in clause 12 of Schedule 1 to the Payroll Tax Act 2007 substitute—
"
where S is—
(a)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is not more than the first surcharge threshold amount—zero; or
(b)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the first surcharge threshold amount but not more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
; or
(c)if the total taxable wages and interstate wages paid or payable by the group during the relevant financial year is more than the second surcharge threshold amount, the amount calculated in accordance with the following formula—
.
62New Division 1AA of Schedule 2 substituted
For Division 1AA of Schedule 2 to the Payroll Tax Act 2007 substitute—
"Division 1AA—Definitions
1ADefinitions
In this Part—
base deductible amount or BDA means—
(a)for a month in the financial year commencing on 1 July 2016—$47 916;
(b)for a month in the financial year commencing on 1 July 2017—$52 083;
(c)for a month in the financial year commencing on 1 July 2018, 2019 or 2020—$54 166;
(d)for a month in the financial year commencing on 1 July 2021 and each subsequent financial year—$58 333;
D is—
(a)in the case of an employer who is not a member of a group, the deductible amount referred to in clause 5 or 6 (as the case requires); or
(b)in the case of an employer who is a member of a group, the deductible amount referred to in clause 9 or 10 (as the case requires);
EIW is—
(a)in the case of an employer who is not a member of a group, the estimated interstate wages payable by the employer in the financial year in which D will be applied; or
(b)in the case of an employer who is a member of a group, the estimated interstate wages payable by a group in the financial year in which D will be applied;
ETW is—
(a)in the case of an employer who is not a member of a group, the estimated taxable wages payable by the employer in the financial year in which D will be applied; or
(b)in the case of an employer who is a member of a group for which there is a designated group employer, the estimated taxable wages payable by the group in the financial year in which D will be applied;
mental health and wellbeing surcharge has the same meaning as in clause 1 of Schedule 1;
R is the applicable rate of tax referred to in clause 2.".
63Amount of payroll tax to be paid each month
(1)For clause 4(1) of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(1)The amount of payroll tax payable by an employer on taxable wages paid or payable by the employer in a month is the amount of dollars calculated in accordance with the following formula—
where—
Sis the amount specified in subclause (3) or (4), as the case requires;
TWrepresents the total taxable wages paid or payable by the employer (otherwise than as a member of a group) during the month".
(2)After clause 4(2) of Schedule 2 to the Payroll Tax Act 2007 insert—
"(3)For the purposes of subclause (1), if an employer pays or is liable to pay taxable wages in a month but does not pay and is not liable to pay interstate wages in that month, S is—
(a)if the total taxable wages paid or payable by the employer (otherwise than as a member of a group) during that month are not more than $833 333—zero; or
(b)if the total taxable wages paid or payable by the employer (otherwise than as a member of a group) during that month are more than $833 333 but not more than $8 333 333, the amount calculated in accordance with the following formula—
; or
(c)if the total taxable wages paid or payable by the employer (otherwise than as a member of a group) during that month are more than $8 333 333, the amount calculated in accordance with the following formula—
(4)For the purposes of subclause (1), if an employer pays or is liable to pay taxable wages and interstate wages in a month, S is—
(a)if the total T and IW for the employer in the financial year in which D will be applied is not more than $10 million—zero; or
(b)if the total T and IW for the employer in the financial year in which D will be applied is more than $10 million but not more than $100 million, the amount calculated in accordance with the following formula—
; or
(c)if the total T and IW for the employer in the financial year in which D will be applied is more than $100 million, the amount calculated in accordance with the following formula—
".
64Deductible amount for employer who pays interstate wages
For clause 6(3) of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(3)The amount is to be calculated in accordance with the following formula—
".
65Monthly payroll tax payable where section 87(2) approval in force—employers covered by joint return are all of same type
(1)For clause 8(2) of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(2)The designated group employer must pay an amount (in dollars) of payroll tax, calculated in accordance with the following formula, on taxable wages paid or payable in a month by the employers covered by the return—
where—
JTWrepresents the total taxable wages paid or payable during the month by the employers covered by the return (as members of a group);
Sis—
(a)if the total ETW and EIW for the group in the financial year in which D will be applied is not more than $10 million—zero; or
(b)if the total ETW and EIW for the group in the financial year in which D will be applied is more than $10 million but not more than $100 million, the amount calculated in accordance with the following formula—
; or
(c)if the total T and IW for the group in the financial year in which D will be applied is more than $100 million, the amount calculated in accordance with the following formula—
".
(2)For clause 8(3) of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(3)In addition, each employer who is a member of the group but is not covered by the return must pay an amount (in dollars) of payroll tax, calculated in accordance with the following formula, on taxable wages paid or payable by the employer in a month—
where—
Sis—
(a)if the total ETW and EIW for the group in the financial year in which D will be applied is not more than $10 million—zero; or
(b)if the total ETW and EIW for the group in the financial year in which D will be applied is more than $10 million but not more than $100 million, the amount calculated in accordance with the following formula—
; or
(c)if the total ETW and EIW for the group in the financial year in which D will be applied is more than $100 million, the amount calculated in accordance with the following formula—
TWrepresents the total taxable wages paid or payable by the employer concerned (as a member of the group) during the relevant month.".
66Monthly payroll tax payable where section 87(2) approval in force—employers covered by joint return are not all of the same type
(1)For clause 8A(2) of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(2)The designated group employer must pay an amount (in dollars) of payroll tax, calculated in accordance with the following formula, on taxable wages paid or payable in a month by the employers covered by the return—
where—
JTWrepresents the total taxable wages paid or payable during the month by the employers covered by the return (as members of the group);
Pbrreis—
(a)for wages paid or payable on or after 1 July 2019 and before 1 July 2022—that part of JTW that is attributable to all bushfire relief regional employers; or
(b)for wages paid or payable in any other financial year—zero;
Peis that part of JTW that is attributable to all employers who are not regional employers;
Pre is—
(a)for wages paid or payable on or after 1 July 2019 and before 1 July 2022—that part of JTW that is attributable to all regional employers, other than bushfire relief regional employers; or
(b)for wages paid or payable in any other financial year—that part of JTW that is attributable to all regional employers;
Rbrre is the rate of tax referred to in clause 2 that applies to an employer who is a bushfire relief regional employer;
Re is the rate of tax referred to in clause 2 that applies to an employer who is not a regional employer;
Rre is the rate of tax referred to in clause 2 that applies to a regional employer;
Sis—
(a)if the total ETW and EIW for the group in the financial year in which D will be applied is not more than $10 million—zero; or
(b)if the total ETW and EIW for the group in the financial year in which D will be applied is more than $10 million but not more than $100 million, the amount calculated in accordance with the following formula—
; or
(c)if the total ETW and EIW for the group in the financial year in which D will be applied is more than $100 million, the amount calculated in accordance with the following formula—
".
(2)For clause 8A(3) of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(3)In addition, each employer who is a member of the group but is not covered by the return must pay an amount (in dollars) of payroll tax, calculated in accordance with the following formula, on taxable wages paid or payable by the employer in a month—
where—
Sis—
(a)if the total ETW and EIW for the group in the financial year in which D will be applied is not more than $10 million—zero; or
(b)if the total ETW and EIW for the employer in the financial year in which D will be applied is more than $10 million but not more than $100 million, the amount calculated in accordance with the following formula—
; or
(c)if the total ETW and EIW for the employer in the financial year in which D will be applied is more than $100 million, the amount calculated in accordance with the following formula—
;
TWrepresents the total taxable wages paid or payable by the employer concerned (as a member of the group) during the relevant month.".
67Monthly payroll tax payable where no section 87(2) approval in force
(1)For clause 8B(2) of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(2)The designated group employer must pay an amount (in dollars) of payroll tax, calculated in accordance with the following formula, on taxable wages paid or payable in a month—
where S is—
(a)if the total ETW and EIW for the group in the financial year in which D will be applied is not more than $10 million—zero; or
(b)if the total ETW and EIW for the group in the financial year in which D will be applied is more than $10 million but not more than $100 million, the amount calculated in accordance with the following formula—
; or
(c)if the total ETW and EIW for the group in the financial year in which D will be applied is more than $100 million, the amount calculated in accordance with the following formula—
".
(2)For clause 8B(3) of Schedule 2 to the Payroll Tax Act 2007 substitute—
"(3)In addition, each employer who is a member of the group must pay an amount (in dollars) of payroll tax, calculated in accordance with the following formula, on taxable wages paid or payable by the employer in a month—
where—
Sis—
(a)if the total ETW and EIW for the group in the financial year in which D will be applied is not more than $10 million—zero; or
(b)if the total ETW and EIW for the group in the financial year in which D will be applied is more than $10 million but not more than $100 million, the amount calculated in accordance with the following formula—
; or
(c)if the total ETW and EIW for the group in the financial year in which D will be applied is more than $100 million, the amount calculated in accordance with the following formula—
TWrepresents the total taxable wages paid or payable by the employer concerned (as a member of the group) during the relevant month.".
68Amount of payroll tax to be paid each month
For clause 12 of Schedule 2 to the Payroll Tax Act 2007 substitute—
"12 Amount of payroll tax to be paid each month
The amount of payroll tax payable by each member of the group on taxable wages paid or payable by the member in a month is the amount of dollars calculated in accordance with the following formula—
where—
Sis—
(a)if the total ETW and EIW for the group in the financial year in which D will be applied is not more than $10 million—zero; or
(b)if the total ETW and EIW for the group in the financial year in which D will be applied is more than $10 million but not more than $100 million, the amount calculated in accordance with the following formula—
; or
(c)if the total ETW and EIW for the group in the financial year in which D will be applied is more than $100 million, the amount calculated in accordance with the following formula—
TWrepresents the total taxable wages paid or payable by the employer concerned (as a member of the group) during the relevant month.".
69New clause 21 of Schedule 3 inserted
After clause 20 of Schedule 3 to the Payroll Tax Act 2007 insert—
"21 State Taxation and Mental Health Acts Amendment Act 2021—determination of mental health and wellbeing surcharge between 1 January 2022 and 30 June 2022
(1)For the purposes of calculating the mental health and wellbeing surcharge in relation to the 6-month period beginning on 1 January 2022 and ending on 30 June 2022, Schedules 1 and 2 apply as if—
(a)a reference to a financial year were a reference to that 6-month period; and
(b)a reference to $10 million were a reference to $5 million; and
(c)a reference to $100 million were a reference to $50 million.
(2)In this clause—
mental health and wellbeing surcharge has the meaning given by clause 1 of Schedule 1.".
Part 7—Repeal of this Act
70Repeal of this Act
This Act is repealed on 1 January 2023.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 20 May 2021
Legislative Council: 26 May 2021
The long title for the Bill for this Act was "A Bill for an Act to amend the Duties Act 2000, the First Home Owner Grant Act 2000, the Land Tax Act 2005, the Mental Health Act 2014 and the Payroll Tax Act 2007 and to make consequential amendments to other Acts and for other purposes."
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